Am sick of ebay fraud! Just having a cry

vickitoria100

Are you sure? It said you hadn't been there when they called...? if so that is a completely different kettle of fish! IMO you definately should get your money back! Make sure you include all this info in your appeal!

Moglex

vickitoria100 wrote:

Moglex! I appreciate you're trying to help Cathy and I am not having a go. I just completely disagree! Firstly, you say that "primarily" this is a RM fault, yet then say you would "apportion blame" to the seller - surely that is a contradition?

Not at all.

The initial fault lies with the Royal Mail.

How that fault affects people depends on the actions of the sender and the recipient.

In this case the recipient could do nothing because she was completely unaware that the sender had sent anything.

The sender, on the other hand, could very easily have avoided this whole thing by simply answering his emails.

Secondly, I am unsure that "most people posting here are sellers"

Looking at the posts, as I have done for many months, it's quite obvious that most people are sellers. They may buy as well, but they are certainly sellers.

I sell but buy in equal measure and I am sure the other people who have bothered to post a reply, as I am, are trying to ascertain the fairest solution.

And failing miserably, it seems to me.

The ebay rules are that it is the sellers responsibility to get the item to the buyer. In this case the seller has singularly failed to do just that.

And yet the majority of people are saying that despite this failure on the part of the seller, the buyer should take a loss.

Thirdly, while what you suggest in your penultimate paragraph may help the sellers case, this is not the case.

You've just contradicted yourself there.

She is not in possesion of the item, not just because of the sellers lack of communication.

Indeed, not just because of that. But that is the only fault to be found outside the actions of the RM.

The seller should have communicated but is under no obligation to

No, what he is under an obligation to do is to get the item to the buyer. This he has failed to do.

and this may have been for reasons out of their control eg. message delays.

The buyer communiucated with the seller several times over a period of several weeks with no response whatsoever.

I'm afraid some vague excuse of 'message delays' just won't cut it.

It is RM fault and OP should pay for postage again, hope her local postman is more competant this time and take it up with RM for a refund.

I'm afraid that here you demonstrate a lack of knowledge about the RM rules.

Only the sender has the option of making any claim against the RM as they are the customer.

This is a further reason why the ball is very firmly in the sender's court.

wifeforlife

Thanks for all your help, I still have the empty little envelope with all the details and RM stickers on, I'm so upset as paypal and my bank just dont seem to want to know. This is so frustrating and it makes all ebay sellers including me look bad, I hate fraudsters so much, there really is no protection from financial institutions

Moglex

cathy2702 wrote:

Thanks for all your help, I still have the empty little envelope with all the details and RM stickers on, I'm so upset as paypal and my bank just dont seem to want to know. This is so frustrating and it makes all ebay sellers including me look bad, I hate fraudsters so much, there really is no protection from financial institutions

You need to make 100% sure that you know exactly what happened.

If you are positive that the seller sent you an empty envelope (double check the tracking number and anything else to be sure), then you should go to your local police station and tell them you wish to make a complaint of fraud.

If you can get a crime number from them, it may make paypal and your bank take more notice.

You may need to be persistant with the police. If you just get the usual sucking of teeth and "there's not much we can do about that I'm afraid", insist on speaking to a superior officer, preferably one from CID. If you are not confident in handling the police try and take someone with you who will be. Stay calm, don't lose your temper but make sure they know that you are not going to be fobbed off.

(It looks to me as if this seller was peeved that they had not done their homework on postage costs and decided to send you an empty envelope as a way of making sure they didn't lose from their error. They must not be allowed to get away with that).

pinkgem

surely if you paid via your mums credit card you can claim off them as you have not received the item you paid for and you have proof that the tracking number for the shower is on an envelope instead which obviously could not fit a shower inside.

oliveoyl

is it too late to get a credit card chargeback?

i'd get in touch with paypal again first, and if no joy, get cc company involved.

wifeforlife

I never thought of the police, how could they get in touch with him?! The address on the back of the envelope is DVLA Swansea. I'm really lucky I kept it as I said above I thought it was something to do with that letter bomber in the news at the time. It definately has the exact tracking code on it! I keep looking and checking, I just cant believe this is happening. Especially as I've been so on the ball with paypal and buyers.

I've rang paypal 3 times today and they are no help at all, the money came out of my bank, I got it wrong, I have my bank and my mums cc on my paypal account and I wasnt too sure in how it had been paid but auto thought her card as I usually do with big transactions. I checked my online banking and it was by paypal dd transaction was 20th, DD came out of my account 24th, so cant do a charge back, also have been told I cant do an indemnity as paypal will just take it back out if I try.

I have to wait 48 hours for paypal to give a decision on the appeal. I'm worried they wont change there minds and I'm left with nothing. What gets me most is how crafty somebody will be in sending an empty envelope, how low can people get?! It's upset me most as they dont realise they are messing with peoples lives, that £53.50 is a huge amount of money for me, and it's just wrong!

Thanks for all your advice, as usual you's are all a tower of support and strength

Cath

Moglex

cathy2702 wrote:

I never thought of the police, how could they get in touch with him?! The address on the back of the envelope is DVLA Swansea.

If you can get them to treat it seriously, they will be able to get find him.

If he is naru, the chances are that paypal would always find in the seller's favour as that means they don't have to pay out.

I'm afraid that paypal are absolute scumbags of the first order.

The fact that he's no longer registered means you can't get his contact details.

If you have his actual email address you could email him and tell him that you have documentary evidence that he tried deceived ebay with the tracking number of an envelope and that if he does not refund you the police will be visiting him to take a statement with a view to prosecution for fraud.

wifeforlife

Oh I do have his email address, I kept a copy of it from paypal. I'll give paypal their 48 hours and if no joy by Sunday evening I will call to my local police station on Monday morning. Thank you for all your help

Cath

isthatreduced

Just wanted to say good luck and (((((((big hugs)))))))).